Azami 6229

Abu Dawud (2086) narrated it from Muhammad bin Yahya bin Faris, he said, Abdul-Razzaq related to us, from Mamar, from Zuhri, from Urwa bin Zubayr, from Umm Habiba, and he mentioned it. Its chain is sahih. Others besides Abdul-Razzaq narrated it with additional details. See "The Amount of the Dowries of the Prophet's Wives" ﷺ.On this subject there is also what was narrated from Ibn Abbas, from the Prophet ﷺ, who said, "There is no marriage without a guardian." Ibn Majah (1880), Ahmad (2260), and Bayhaqi (7/109, 110) all narrated it through Hajjaj bin Artaah, from Ikrima, from Ibn Abbas, and he mentioned it. Hajjaj is daif and a mudallis, and he did not hear from Ikrima, as Ahmad and Bukhari stated.Daraqutni (3/221–222) and others narrated it through Adi bin Fadl, from Abdullah bin Uthman bin Khuthaym, from Saeed bin Jubayr, from Ibn Abbas, who said, the Messenger of Allah ﷺ said, "There is no marriage without a guardian and two just witnesses, and any woman whose guardian marries her off against her own wish and to her displeasure, her marriage is void." Daraqutni said, "Adi bin Fadl narrated it as a raised hadith, and no one else raised it in this way." I say, Adi bin Fadl is Taymi, Abu Hatim Basri, one of the men found in Tahdheeb, and he is daif by the agreement of the scholars.Muslim bin Khalid contradicted him, narrating it from Ibn Khuthaym, from Saeed bin Jubayr, from Ibn Abbas as his own statement, not as words of the Prophet. Bayhaqi (7/112) narrated it through Shafii from him. Bayhaqi (7/124) then also narrated it through Adi bin Fadl as a raised hadith, just as Daraqutni had narrated it. Bayhaqi said, "This is how Adi bin Fadl narrated it, and he is daif. The correct version is stopped [at Ibn Abbas]." He also narrated it through other routes from Ibn Khuthaym as a stopped report.The hadith of Ibn Abbas has other routes as well, but all of them are daif.Likewise, what is narrated from Abu Hurairah as a raised hadith is not sound, "A woman may not arrange the marriage of another woman, nor may a woman arrange her own marriage. The adulteress is the one who arranges her own marriage." Ibn Majah (1882), Daraqutni (3/227), and Bayhaqi (7/110) all narrated it from the hadith of Jameel bin Hasan Ataki, who said, Muhammad bin Marwan Aqeeli related to us, he said, Hisham bin Hassan related to us, from Muhammad bin Sirin, from Abu Hurairah, and he mentioned it.Jameel bin Hasan is Azdi Ataki. Abdul-Rahman bin Abu Hatim said, "We met him but did not write anything down from him." Ibn Adi said, "I heard Abdan, when he was asked in my presence about Jameel bin Hasan, say, 'He was a liar, immoral, and corrupt.'" Abdan also said, "He was among us in Ahwaz for thirty years, and we never wrote anything from him." Ibn Hibban mentioned him among the reliable narrators, saying, "He brings unusual reports." Abdan's statement about him is more reliable, since he was from his own region and lived alongside him for thirty years, and no weight should be given to Ibn Hibban's endorsement, given his known leniency.Daraqutni also narrated it through Muslim bin Abu Muslim Jarmi, who said, Makhlad bin Husayn related to us, he said, Hisham related to us, with his chain, in a similar wording, which includes, "The one who marries herself is the fornicator." Muslim bin Abu Muslim Jarmi is unknown. However, Hasan bin Sufyan narrated this hadith from him and said, "I asked Yahya bin Main about the narration of Makhlad bin Husayn from Hisham bin Hassan, and he said, 'Reliable.' I then mentioned this hadith to him, and he said, 'Yes, there used to be a shaykh among us who raised it as coming from Makhlad.'"Ibn Abu Hatim said, "Muslim bin Abdul-Rahman Jarmi was among the warriors [ghazis]. He narrated from Makhlad bin Husayn, and Mundhir bin Shazan Razi, who was truthful, narrated from him. It is said that he killed a hundred thousand of the Romans" [Jarh wat-Tadeel 8/188].Bayhaqi also narrated this hadith through Uzai, from Ibn Sirin, from Abu Hurairah, as a stopped report. Likewise, Ibn Uyayna narrated it from Hisham bin Hassan as a stopped report.However, Abdul-Rahman Muharibi narrated it from Abdul-Salam bin Harb Mulai, from Hisham bin Hassan, with his chain, and it includes, "A woman may not marry off another woman, nor may a woman marry herself." Abu Hurairah said, "We used to consider the one who marries herself to be the adulteress." In this way Abdul-Salam bin Harb distinguished the stopped portion from the raised portion, while Abdul-Razzaq (6/200), narrating from Hisham with his chain, did not make this distinction and rendered the whole thing as a stopped report, as Uzai had also done.Ibn Main was asked about Uzai's narration and said, "The stopped version is more likely correct." So the hadith turns between the raised version narrated by Ataki, and the stopped version narrated by Uzai and others.On this subject there are hadiths that are not sound individually, but taken together they produce a certain strength, as Hakim indicated (2/172) when he said, "On this subject there are reports from Ali bin Abu Talib, Abdullah bin Abbas, Muaz bin Jabal, Abdullah bin Umar, Abu Dharr Ghifari, Miqdad bin Aswad, Abdullah bin Masud, Jabir bin Abdullah, Abu Hurairah, Imran bin Husayn, Abdullah bin Amr, Miswar bin Makhrama, and Anas bin Malik, most of which are sahih. Reports on this matter have also been established as sound from the Prophet's wives ﷺ, Ayesha, Umm Salama, and Zaynab bint Jahsh , all of them." End of quote.See the source citations for the hadiths of these narrators in Nasb Raya (3/182–190) and Tanqih Tahqiq (4/285–299).Understanding of the hadith. Tirmidhi conveyed the statements of the scholars on this matter, saying, "The practice on this matter follows the hadith of the Prophet ﷺ, 'There is no marriage without a guardian,' among the scholars from the companions of the Prophet ﷺ, including Umar bin Khattab, Ali bin Abu Talib, Abdullah bin Abbas, Abu Hurairah, and others. It has likewise been narrated from some of the jurists among the Followers that they said, there is no marriage without a guardian, among them Saeed bin Musayab, Hasan Basri, Shurayh, Ibrahim Nakhai, Umar bin Abdul-Aziz, and others. This is also the position of Sufyan Thawri, Uzai, Abdullah bin Mubarak, Malik, Shafii, Ahmad, and Ishaq." End of quote.